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HomeMy WebLinkAbout99-04188114 f. Ji{ .n qs l? r ! „ fi Z h. Q M z i I O. ? 1 ? ? Af f ' ) ff? 'y S q { i n ', ixF r S . r4 ? t, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF - PENNA. ? . JAMES D. NELSON. SR., Plaintiff N O. 99-4188 CIVIL TERM VERSUS MARGARET L. NELSON. Defendant DECREE IN DIVORCE xj; y ( i AND NOW, Ao_ , IT IS ORDERED AND DECREED THAT James D. Nelson. Sr. , PLAINTIFF, AND Margaret L. Nelson DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Separation and Property Settlement Agreement dated, March 2 2000, is incorporated herein, but not merged. BY THE COU PROTHONOTARY 6rv lw??a I SEPARATION AND PROPERTY SETTLEMENT AGREEMENT ?a h ^^,, ? 1^ THIS AGREEMENT made this /I day of 2LMC AC1 2000, by and T behveen JAMES D. NELSON, SR., of Blevins, Arkansas (hereinafter referred to as I "Husband"), and MARGARET L. NELSON, of II Pine Hill Avenue, Mechanicsburg, Pennsylvania (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 6, 1991 in Cumberland County, Pennsylvania. WHEREAS, differences have arisen between Husband and Wife in consequence of which they have chosen to live separate and apart from each other; and WHEREAS, the parties acknowledge that they have had the opportunity to review the provisions of this Agreement and further have had the opportunity to secure legal counsel and advice relative to the legal effect of this Agreement. The parties acknowledge that they have either received independent legal advice from counsel of their own selection or that they have specifically chosen, with full knowledge and of their own volition, to not seek legal advice relative to this Agreement. They further acknowledge that they fully understand the facts that are the basis of this Agreement. They acknowledge and accept that it is being entered into freely and voluntarily, after having the opportunity to receive legal advice and with the knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of the collusion or improper or illegal agreement or agreements. This Agreement is intended to be a full, complete and final Agreement satisfying all claims made by either parry to the divorce action docketed to No. 99-4188 Civil Term in the Court of Common Pleas.of Cumberland County, Pennsylvania and support action No. 326 Support 1999 in the Court of Common Pleas of Cumberland County, Pennsylvania. NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby do covenant and agree: I • SAparation • It shall be lawful for each at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2• [nterf r n Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single or unmarried except as may be necessary to carry out the provisions of this Agreement. 3. W(e'c D bt • Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her other than those debts incurred pursuant to any sections of this Agree, cent. 4. Husband's Debra. Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him other than those debts incurred pursuant to any section of this Agreement. 5. Out tondinP /Dint Debts The parties acknowledge that they have a credit card known as Driver's Edge Visa, account number 4128 0034 4621 5132, and an Optima American Express Card, account number 3723-142731-51006, which had outstanding balances of approximately S1,878.36 and S 1,137.81, respectively, at the time of the parties' separation in late 1998,. Husband hereby assumes sole and exclusive responsibility for the repayment of the debts on the aforementioned cards. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to repayment of the aforesaid credit card or charge card accounts. Husband shall maintain payments on the aforesaid accounts in current status and shall not create any additional debt on the aforesaid accounts that could in any way obligate Wife. Wife confirms that since the time of separation, she has not used these credit card accounts and further acknowledges that she will not take any action of any nature that could create additional obligation on these accounts from this time forward. With these two exceptions, the parties acknowledge that they do not have any joint debt which could create additional obligation for either party. 6. Mutual Release: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or any action to enforce this Agreement. 7. Alimony. Alimony Pendente Lite. Snousal Sunporr and Maintenance: At the time of execution of this Agreement, Husband is obligated to pay the sum of $304.00 per week in spousal support through the Cumberland County Domestic Relations Office docketed to PACSES Number 428100974, DR Number 28538, and No. 336 Support 1999. Within thirty (30) days of execution of an Affidavit of Consent under Section 3301(c) of the Divorce Code, and a Waiver of Notice of Intention to Request the Entry of a Divorce Decree, as well as within Agreement, by Wife, Husband shall pay all arrearages due on the said support Order. Husband's spousal support obligation shall end, w`h the exception of the obligation to pay arrearages, on the date of the parties' Decree in Divorce. Thereafter, from the date of-the entry t f .he parties' Decree in Divorce, Husband shall continue to pay the alimony in the amount of $304.00 per week for a period of one (I) year or fifty-two (52) weeks, for a total payout of $15,808.00 over the one-year period. Said alimony payments shali be wage attached by and made through the Cumberland County Domestic Relations Office who shall maintain records of the alimony obligation due. This alimony obligation shall be non-modifiable upward or downward. Under no circumstances may the weekly amount be modified by either party. Under no circumstances may Husband or Wife modify the weekly amount or the term. Under no circumstances does the Court of Common Pleas of Cumberland County, Pennsylvania, or any other jurisdiction, have authority to modify this limited alimony obligation. Except for the provisions specifically set forth herein, neither party shall have any obligation of any nature whatsoever to pay alimony, alimony pendente lite, spousal support or separate maintenance for the other party. 8. DivisionQf Personal Properryr The parties have divided their personal property to their mutual satisfaction including personal effects, household furniture, furnishings, appliances, and all other articles of personal property, including automobiles, which have heretofore been used in common and neither will make any claim to any such items that are in the possession of or under the control of the other party. In the event it is necessary to execute any documents to waive, relinquish or transfer ownership of any such items of personal property to the party in possession, the other parry shall do so within fifteen (15) days of being requested to do so. 9. Division Qf Real Emaem: The parties do not own any real estate jointly, either legally or equitably. The only real estate owned by either parry is the residence owned by Wife at I I Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania, which property is owned jointly with her daughter. Husband hereby waives any and all right, title and interest he has or may have, either legally or equitably, in the aforesaid real estate. Husband shall make no claim of any nature whatsoever relative to said real estate. 10. lncuranre Rerir m nr nd Orh r B ?gf3,L The parties acknowledge that neither will make any claim of any nature whatsoever relative to any life insurance benefits, health insurance benefits or similar insurance benefits or similar accounts available to the other party from the date of execution of this Agreement forward. l1. Pension. Rerir m rrt pr; evjg. As an employee of Shaffer Trucking, Inc., Husband has an account available to him under the Shaffer Trucking, Inc. Profit-Sharing Plan, as invested with Union Bank and Trust Company of Lincoln, Nebraska. At the time of the parties' separation, the marital portion of the aforementioned Plan had a value of $12,293.70. Husband shall, through counsel, prepare a Qualified Domestic Relations Order (QDRO) providing for the rollover of the sum of $6,146.85 from his account in the Shaffer Trucking, Inc. Profit-Sharing Plan to Wife. Within fifteen (15) days of execution of this Agreement, an Affidavit of Consent under Section 3301(c) of the Divorce Code and a Waiver of Notice of Intention to Request the Entry of a Divorce Decree by Wife, Husband shall submit to Union Bank and Trust Company a QDRO providing for the rollover of this amount in an effort to secure pre-approval of the QDRO. Husband shall then promptly make any modification requested by Union Bank and Trust Company or Shaffer Trucking, Inc. in the QDRO for purposes of having the parties then execute the document for submitting it to the Court and, ultimately, for submitting to Union Bank and Trust Company. All such action in securing the approval and implementation of the QDRO by Husband shall be done without any unnecessary delay. The sum rolled over into Wife's account or name shall be proportionately divided between each fund or account maintained by Husband in his profit-sharing account. Except for this specific provision, neither party shall make any claim of any nature whatsoever relative to any retirement funds that the other party has maintained. Each parry shall execute any and all necessary documents to waive relinquish and transfer any and all right, title or interest they have, individually or through their marriage to their spouse, in any such pension, retirement plan, profit-sharing plan, stock option accounts or similar accounts with the parties' present or past employers or which they have established independently. 12. -ailWI QLClaiMs Against cram Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. This Paragraph shall not affect either party's right or power to expressly include the other party in any will or other document, who. Cher written in the past or in the future. 13. Breach.• If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, for enforcement of this Agreement, or seek such other remedies or relief as may be available to him or her. 14. CODUzC[ F oT• The parties agree that should a divorce action be maintained by either of the parties to dissolve their marriage, neither parry shall make a claim for counsel fees from the other party. Both parties have been fully informed of and acknowledge their right to make a claim for reasonable counsel fees in the presently pending divorce proceedings, but hereby make a full, complete and voluntary waiver of that right. 15. E41brcement.• The parties agree that this Agreement may be made a part of any final divorce order or decree entered in this case. This Agreement may be incorporated in, but shall not be merged with any such order or decree. In the event either parry fails to comply with the terms of this Agreement, the other party may enforce this Agreement by filing a Petition for Contempt. If a party breaches this Agreement, the other party, in pursuing enforcement of the Agreement, shall be entitled to Attorney's fees from the breaching parry. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first mentioned above. A)Q-G '' Y Date JAM D. NELSON, SR. Date ARET L. NEL ON turrnr Q4z- STATE OF ARKANSAS COUNTY OF SS On this the rip day of qi 1 , 2000, before me, the undersigned officer, personally appeared JAMES D. NELSON, SR. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and ?u?. NOTARY PUBLIC JAIME WILLIAMS •? ?A 1205 South Redwood Rd. 0 Salt Lake City, Utah 84104 ?9 My Commission Expires L„ June 10, 2003 '•" ? STATE OF UTAII COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF D-u^151" On this thea54-h day of seal. , 2000, before me, the undersigned officer, personally appeared MARGARET L. NELSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL ANTOINETTE F. HORNE, Notary Public Gyw tM?/ /°t " Un ei Harrisburg, Dauphin Countyy, PA My Commisslon Expires April 21, 2001 ? C) } ;? L L ? ?: ?:.: Cy ' _ C.. -. ' .T' i ..._ ..1 ?y i... CJ _ .l a ? U... ?- - i- ?1_LI ' - n,L u_ U --? G U ? ? t ?? ?, r i .?. . __._. .. _ ?.?, . ? .,. •, i JAMES D. NELSON, SR., Plaintiff V. MARGARET L. NELSON, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4188 CIVIL TERM IN DIVORCE Transmit the record, together with the following information to the court for entry of a divorce decree: I . Ground for divorce: Irretrievable breakdown under §3301(c) zen,iavn _f the Diveree Code (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery to Defendant, Margaret L. Nelson, on July 21, 1999. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: April 27, 2000 by Defendant: May 17, 2000 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 26, 2000 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 19, 2000 Brad tf q & A SOCIATES orney for Plaintiff m c, C K:- U•: jf _ (1 q_ CC) Cl 7 C.J JAMES D. NELSON, SR., Plaintiff vs. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOW-4R CIVIL Term IN DIVORCE NOTICE TO DEFEND AND CLAIM BIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JAMES D. NELSON, SR., Plaintiff VS. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.?BCIVILTern-N IN DIVORCE COMPLAINT IN DIVORCE COUNTI NO FAULT 1. Plaintiff is James D. Nelson, Sr., an adult individual currently residing at P.O. Box 154, Blevins, Hempstead County, Arkansas. He has lived there since approximately February, 1998. 2. Defendant is Margaret L. Nelson, an adult individual currently residing at 11 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania. She has lived there since 1988. 3. Defendant is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 6, 1991 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff and the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court requires the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 (c) of the Domestic Relations Code. COUNT II INDIGNITIES 11. Paragraphs 1 through 10 above are incorporated herein by reference as is set forth in their full text. 12. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make his condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301(a)(6). Respectfully submitted, GRIFFIE & ASSOCIATES Griffie, Esquire orney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION 1 verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: JAMES D. NELSON, SR., Plaintiff 00 C3- C6 99 JUL -9 A.'I 10: 17 00 CU;Ac;?,)L/ND cuunmr PENNS'fLVM'A JAMES D. NELSON, SR., Plaintiff V. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 99- 4188 CIVIL IN CUSTODY AND NOW, this 5k?&day of 1999, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, and states that he mailed a certified and true copy of a Complaint for Divorce to the Defendant, Margaret L. Nelson, at 11 Pine Hill Road, Mechanicsburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on July 21, 1999. B d Griffis„ Esquire E & ASSOCIATE'' P200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this d 7 day of )uJ` , 1999. n SeNDER: Ilaa qn. Item i I ancUW a Iw eddhional serAme. I also wish to receive the ePdm Your clues and address on the nwna of this form w Mtl"can return INS cerdu. M following services (for an extra fee): MU term to the front of the mUlplsce, or Or fraback if spew does not , M 1. ? Addressee's Address ePirn 9Th Return Recelpt VAR ? 1io W om the anW: was dellwrwnuw the?deeii Z• eatdcted Delivery Cwtvar ' Consult postmaster for fee. 3. Arti a Addressed to: 4a. Article Nu er iVJ - cj(g ? 24 3/ E ??lw?y.wwL ?C, /V. $d'yL 4b. Service a y FF7J / /f ?? //tQ /YJ ?/ GGU?s•'"'c^ Regislan4 0 I rlfted C] xpres Wall Cha 1 J 13 Express $ °I ' !` ' eu In ? .fi 8 /V ]GS-? `' Xe ej,,&, .C L3 b,(,t Re. 1 R c P se O COD j D l 4 z : S. Received By: (Prlnt Name) S. Addre 'a ( squealed and V g S. SlgnaN (Addressee or G SPS s PS orm 3 1, December 1994 DoRlestlC Retum Recelpt Z 069 872 931 Receipt for Certified Mail No Insurance Coverage Provided pk,y ten, Do not use far International Mail ISee Reverse) t 0 0 M a' l C V ?c r„ y? ?. 75 ' , - s y.., - •-W to T tic L'J I • ' • L ? 7-5 JAMES D. NELSON, SR. Plaintiff V. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4188 CIVIL TERM IN DIVORCE A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on July 9, 1999, and served on July 21, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Lt/:s G / A d -JV JAMES ? %NEL ON, SR., Plaintiff ?? ; -- _, ?_ ,:; J JAMES D. NELSON, SR. Plaintiff V. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-4188 CIVIL TERM IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. 1 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: JAMESS D. NELSON, SR., Plaintiff r• c: i:: - - ... r. _i JAMES D. NELSON, SR., Plaintiff VS. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4188 CIVIL TERM IN DIVORCE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 9, 1999 and served on July 21, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. May 17, 2000 DATE: _ R ABET L. NELS N, Defendant ,?= - : '? ?? , ? ? ; ? ?- ?:'; !,.. -, ' . ?? ?-, _ ?' cs JAMES D. NELSON, SR., Plaintiff VS. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4188 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DI OR .F D . RF.F UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: May 17, 2000 A_RG? RET L. NELSON, Defendant C`1 ui JAMES D. NELSON, SR., Plaintiff VS. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4188 Civil Term CIVIL ACTION - LAW IN DIVORCE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JAMES D. NELSON, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 99-4188 Civil Term MARGARET L. NELSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE nEr+'ENDANIN ANSWER AND COUNT .R .ATM TO PI AINTIFF'S COMPLAINT And now, this 1 st day of September, 1999, comes the Defendant, MARGARET L. NELSON, and through her attorney Harry M. Baturin, Esquire, of the Law Offices of Baturin & Baturin, files this Answer and Counterclaim to the Plaintiffs Complaint In Divorce and respectfully avers as follows: 1. Denied. It is denied that Plaintiff has lived in Blevins, Hempstead County, Arkansas, since February 1998. Plaintiff resided with Defendant at the marital address until November 1998 and, in fact, Plaintiff and Defendant renewed marital vows on April 6, 1998. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Defendant is of the opinion that the marriage is not irretrievably broken and that Plaintiff and Defendant can reconcile. 10. Denied. Defendant does not desire to consent to this divorce at the expiration of the ninety (90) day waiting period. 11. Paragraphs 1 through 10 of this Answer are incorporated herein by reference as though set forth in full. 12. Denied. The Defendant avers that, in violation of their marriage vows, the Plaintiff has committed adultery and has offered such indignities to the Defendant, the injured and innocent spouse, as to render her condition intolerable and life burdensome. DEFENDANT'S COUNTERCLAIM TO PLAINTIFF'S COMPLAINT JAMES D. NELSON, SR., Plaintiff/Counter-Defendant, is directed to answer the following counterclaim within twenty (20) days from the date of service thereof, or suffer possible default. 13. The prior paragraphs of this Answer are incorporated herein by reference as if texturally set forth herein. - 2 - 14. Defendant/Counter-Plaintiff is unable to sustain herself during the course of litigation. 15. Defendant/Counter-Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to adequately sustain herself in a reasonable manner. 16. Defendant/Counter-Plaintiff suffers serious chronic health problems. 17. Defendant/Counter-Plaintiff does not have funds to sustain herself in the manner in which she lived during her marriage. 18. Plaintiff/Counter-Defendant has a substantial income and can afford to maintain his living arrangements. WHEREFORE, Defendant/Counter-Plaintiff, MARGARET L. NELSON, respectfully requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of Alimony in her favor, pursuant to the Divorce Code. COUNT Id REQUEST FOR COSTS & EXPENSES 19. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if texturally set forth herein. 20. Defendant/Counter-Plaintiff has obtained Harry M. Baturin, Esquire, of the Law Offices of Baturin & Baturin to represent her in connection with this Divorce Action. 21. Defendant/Counter-Plaintiff is unable, due to her lack of and/or limited income, to - 3 - pay reasonable costs and expenses and attorney's fees; the Plaintiff/Counter-Defendant whose income is more than that of his wife, is more financially able to pay her costs and expenses. WHEREFORE, reserving the right to apply to the Court for temporary costs and expenses, prior to final hearing, Defendant/Counter-Plaintiff, MARGARET L. NELSON, requests that, after final hearing, the Court enter an Order directing Plaintiff/Counter-Defendant, JAMES D. NELSON, SR., to pay Defendant/Counter-Plaintiffs reasonable costs and expenses and attorney's fees. Respectfully submitted BATURIN & BA/TyURIN By: Harry M.%aturin, Esquire Attorney I.D. No. 83006 717 North Second Street Harrisburg, PA 17102 (717 ) 234-2427 Attorney for Defendant/Counter-Plaintiff DATE: September 1, 1999 - 4 - YERIELCA11M I VERIFY THAT THE STATEMENTS MADE IN THIS FOREGOING ANSWER AND COUNTERCLAIM ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: September 1, 1999 -x S?(/ (Seal) gar"e , e on - 5 - JAMES D. NELSON, SR., Plaintiff VS. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :No. 99-4188 Civil Term CIVIL ACTION - LAW IN DIVORCE I, Harry M. Baturin, Esquire, of the Law Office of Baturin & Baturin, hereby certify that I served a true and correct copy of the Defendant's Answer and Counterclaim to Plaintiff's Complaint by depositing same in the United States Mail, Harrisburg, Pennsylvania, by Certified Mail, Return Receipt Requested, postage prepaid, addressed as follows: Bradley L. Griffre, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Respectfully submitted, BATURIN & BATURIN By: Harry M. aturin, Esquire Attorney I.D. No. 83006 717 N. Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Defendant Dated: September 1, 1999 - 6 - >. aoF WF A ? W D n F QF"= z QoF w?? w ¢ Q?a u z N 0 Z W ^ N a a v y N f• p ? N Nu U m l N m N LL p W N Z W C w n 3 z x ° z C 5? 0 Q Z W m N z F a a x wnwuo•.n a+u+•?ero?e+•re++uo ox wxo. 'pw'lrrvaprvxuui pigs rn w rvaisinin ?'nm? errs nr JAMES D. NELSON, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW MARGARET L. NELSON, NO. 99-4188 CIVIL TERM Defendant IN DIVORCE { ORDER OF COURT AND NOW, this L?, ^ day of o? 2000, the attached Qualified Domestic Relations Order is approved by this, the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania, pursuant to the request of the parties. BY THE COURT, L0)0-? 11-30'O0 Ru-5 00 so PfN,VSYLVAk?' 1V1y JAMES D. NELSON, SR., Plaintiff vs. MARGARET L. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4188 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, JAMES D. NELSON, SR., ("Participant") and MARGARET L. NELSON, ("Alternate Payee") have agreed to a division of marital property, which Agreement has included provision for a distribution from the Participant's account in the SHAFFER TRUCKING, INC. Profit Sharing Plan ("Plan"); and WHEREAS, the Qualified Domestic Relations Order (hereinafter referred to as the "Order") provides for the division and disposition of the marital components of the Participant's account in the Plan, which is a benefit plan sponsored through Participant's present employment with Shaffer Trucking, Inc.; and WHEREAS, Participant intends to grant the Alternate Payee rights to such benefits in such amounts on the terms and conditions prescribed hereinafter as provided for in the Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (hereinafter "QDRO"), as that term is defined in Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. NOW, THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS: 1. The parties intend for this Order to constitute a "Qualified Domestic Relations order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: SHAFFER TRUCKING, INC., Profit Sharing Plan ("Plan"). 3. JAMES D. NELSON, SR., Social Security Number 20842-3610, (hereinafter referred to as "Participant") is a participant in the Plan. Participant's date of birth is January 15, 1952, and his current and last known mailing address is P.O. Box 154, Blevins, Arkansas, 17825. 4. MARGARET L. NELSON, Social Security Number 204-30-7779, (hereinafter referred to as "Alternate Payee") is the Participant's spouse. Alternate Payee's date of birth is September 6, 1940, and her current and last known mailing address is 11 Pine Hill Avenue, Mechanicsburg, Pennsylvania, 17055. 5. A portion of Participant's account in the Plan is marital property, subject to the distribution by the Court of Common Pleas of Cumberland County, Pennsylvania. Effective immediately upon receipt and acceptance of this QDRO, and honoring as such by the Plan Administrator, the sum of SIX THOUSAND ONE HUNDRED FORTY-SIX AND 85/100 ($6,146.85) DOLLARS shall be separately designated in the Plan as Alternate Payee's sole benefit or account. If the Alternate Payee so elects, she shall be paid her benefit as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator and the Order is final, or at the earliest date permitted under the terms of the Plan, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to Participant under the terms of the Plan, including, but not limited to, a lump sum distribution. Such distribution shall be made pursuant to the request of the Alternate Payee with all applicable tax ramifications and, where appropriate, withholding for federal income tax purposes. 6. This Order does not require the Plan to provide any type of form of benefit, or option not otherwise provided under the Plan; nor require the payment of any benefits for the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be Qualified Domestic Relations Order, nor require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order, which appears to be otherwise shall be null and void and have no effect. 7. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. 8. Upon the death of either the Participant or the Alternate Payee, following implementation of this Qualified Domestic Relations Order, neither party shall be entitled to any benefit or rights in the other party's share or portion of the Plan or benefits received therefrom. 9. To the extent permitted by the Plan and Section 414(p) of the Code, the Altemate Payee may designate a beneficiary to receive payment of the Altemate Payee's remaining interest in the Plan, if any, upon the Altemate Payee's death. Any such beneficiary designation shall be made without regard to any designation by the Participant of a beneficiary with respect to the Participant's interest under the Plan. In the absence of an effective beneficiary designation by the Alternate Payee, or if the named beneficiary predeceases the Alternate Payee, the amount assigned under this Order shall be paid to the Alternate Payee's estate. 10. The parties shall promptly submit this Order to the Plan Administrator for determination of the Qualified Domestic Relations Order. The Plan Administrator is Shaffer Trucking, Inc., P.O. Box 418, New Kingston, PA 17072. 11. A copy of this Order shall be mailed promptly, return receipt requested, to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestic Relations Order, the Plan Administrator shall properly carry out the provisions. If this Order has not been predetermined by the Plan Administrator as a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after the receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and the Alternate Payee of such a determination. Until such time as a determination has been made, the Plan Administrator shall comply with all requirements imposed upon it by Section 414(p)(7) of the Code and Section 206(d)(3)(h) of ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then they shall notify the Participant and Alternate Payee of such determination and reason therefore, allowing for an amended Qualified Domestic Relations Order to be filed. 12. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidenced by their affirmations in their Separation and Property Settlement Agreement. IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH AS DEFINED UNDER SECTION 414(p) INTERNAL REVENUE CODE OF 1986 AS AMENDED. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. WITNESS: 749A e0 ?1?tyr"vl/• l? Date J es D. Nelson, Sr., Participant ge ! et L. Nelson, Alternate Payee STATE OF 4? (ZKMsjl -, COUNTY OF 1-i e rn e sT e,4 D On this the 31 r day of O Et o-? 2000, before me, the undersigned officer, personally appeared James D. Nelson, Sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : COUNTY OFDNv f \-I t N On this the I T4A- day of N 0 Vl'_ M J301A, 2000, before me, the undersigned officer, personally appeared Margaret L. Nelson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL DAVID A. CHUBB, Notary Public Harrisburg, Dauphin County My Commission Expires May 21, 2002